Hazardous Materials Information Review Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-88-456/FullText.html

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Hazardous Materials Information Review Regulations

SOR/88-456HAZARDOUS MATERIALS INFORMATION REVIEW ACT
Registration 1988-08-25
Regulations Respecting Hazardous Materials Information Review
P.C. 1988-1723 1988-08-25Whereas the Minister of Consumer and Corporate Affairs has consulted with the government of each province and such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deemed appropriate;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to paragraph 48(1)(a) of the Hazardous Materials Information Review ActFootnote *, is pleased hereby:

(a) to revoke Order in Council P.C. 1987-2720 of December 31, 1987Footnote **; and
(b) to make the annexed Regulations respecting hazardous materials information review.

Return to footnote *S.C. 1987, c. 30 (Part III)
Return to footnote **SOR/88-65, 1988 Canada Gazette Part II, p. 546
Short Title

1 These Regulations may be cited as the Hazardous Materials Information Review Regulations.

Interpretation

2 (1) In these Regulations,

Act
Act means the Hazardous Materials Information Review Act; (Loi)
CAS registry number
CAS registry number[Repealed, SOR/2015-18, s. 1]
electronic document
electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data. (document électronique)
electronic signature

electronic signature means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document and that results from the application by a person of a technology or process that permits the following to be proved :

(a) the signature resulting from the use by a person of the technology or process is unique to the person;
(b) the technology or process is used by a person to incorporate, attach or associate the person’s signature to the electronic document; and
(c) the technology or process can be used to identify the person using the technology or process. (signature électronique)

existing claim for exemption
existing claim for exemption [Repealed, SOR/2002-235, s. 1]
original claim
original claim means a claim for exemption that is filed by a claimant in respect of information relating to a hazardous product, but does not include a refiled claim. (demande originale)
product identifier
product identifier means the chemical name, common name, generic name, trade-name or brand name of a hazardous product. (identificateur de produit)
refiled claim
refiled claim means a claim for exemption that is filed in respect of information relating to a hazardous product, that is filed by the claimant who filed the original claim relating to that product, and that is solely in respect of any of the information that, under subsection 19(2) of the Act, is or was previously exempt from disclosure in relation to that product. (demande représentée)
subsequent claim for exemption
subsequent claim for exemption [Repealed, SOR/2002-235, s. 1]

(2) For the purposes of the Act, affected party means, in respect of a hazardous product that is the subject of a claim for exemption, a person who is not a competitor of the claimant and uses, supplies or is otherwise involved in the use or supply of the hazardous product at a work place, and includes

(a) a supplier of the hazardous product;
(b) an employee at the work place;
(c) an employer at the work place;
(d) a safety and health professional for the work place;
(e) a safety and health representative or a member of a safety and health committee for the work place; and

(f) a person who is authorized in writing to represent

(i) a supplier referred to in paragraph (a) or an employer referred to in paragraph (c), or
(ii) an employee referred to in paragraph (b), except where that person is an official or a representative of a trade union that is not certified or recognized in respect of the work place.

(3) For the purposes of subsection 46(3) of the Act, a medical professional is a nurse who is registered or licensed, and entitled under the laws of a province to practise nursing and who is practising nursing under those laws in that province.

SOR/89-288, s. 1;
SOR/91-419, s. 1;
SOR/2002-235, s. 1;
SOR/2008-261, s. 1;
SOR/2015-17, s. 10;
SOR/2015-18, s. 1.

Previous Version

Criteria for Determining the Validity of a Claim for Exemption

3 (1) Subject to subsection (2), for the purpose of determining whether a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, a screening officer or an appeal board, as the case may be, shall have regard exclusively to the following criteria:

(a) whether the information is confidential to the claimant;
(b) whether the claimant has taken measures that are reasonable in the circumstances to maintain the confidentiality of the information; and
(c) whether the information has actual or potential economic value to the claimant or to the claimant’s competitors because it is confidential and the disclosure of the information would result in a material financial loss to the claimant or a material financial gain to the claimant’s competitors.

(2) For the purpose of deciding that a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, but not for the purpose of deciding that such a claim for exemption is not valid, a screening officer or an appeal board, as the case may be, shall, as a criterion, have regard to whether the money expended and the other business resources employed by the claimant to develop the information are substantial in the circumstances.

(3) For the purpose of paragraph (1)(a), information does not cease to be confidential to the claimant by reason only that it is known to persons who have

(a) obtained the information in confidence, express or implied, and are obligated by contract or trust, express or implied, or otherwise by law or equity to maintain the confidentiality of the information; or
(b) possession of the information without colour of right or lawful authority.

SOR/2015-18, s. 2(F).
Previous Version

Fees for Claims for Exemption

Original Claims

4 Subject to section 7, the fee required under subsection 11(3) of the Act to accompany an original claim is

(a) $1800, when only one original claim is filed; and

(b) when more than one original claim is filed at the same time,

(i) $1800 for each of the first 15 original claims filed,
(ii) $400 for each of the next 10 original claims filed, and
(iii) $200 for each original claim filed in addition to those referred to in subparagraphs (i) and (ii).

SOR/88-510, s. 1;
SOR/91-419, s. 2;
SOR/93-234, s. 2;
SOR/2002-235, s. 2.

4.1 [Repealed, SOR/2002-235, s. 2]

Refiled Claims

5 Subject to section 7, the fee required under subsection 11(3) of the Act to accompany a refiled claim is

(a) $1440, when only one refiled claim is filed; and

(b) when more than one refiled claim is filed at the same time,

(i) $1440 for each of the first 15 refiled claims filed,
(ii) $320 for each of the next 10 refiled claims filed, and
(iii) $160 for each refiled claim filed in addition to those referred to in subparagraphs (i) and (ii).

SOR/88-510, s. 1;
SOR/91-419, s. 2;
SOR/2002-235, s. 2.

5.1 and 6 [Repealed, SOR/2002-235, s. 2]

Small Businesses

[SOR/91-419, s. 5]
7 The fee required under subsection 11(3) of the Act to accompany a claim for exemption is one half of the fee required by section 4 or 5 if the claimant

(a) had a gross annual revenue of not more than three million dollars in the claimant’s fiscal year immediately preceding the fiscal year in which the claim is filed; and
(b) employs not more than 100 employees.

SOR/88-510, s. 1;
SOR/91-419, s. 6;
SOR/2002-235, s. 3.

Manner of Filing a Claim and Information to be Contained in a Claim

8 (1) A claim for exemption shall be in writing, shall bear the written or electronic signature of the claimant or a facsimile of the signature of the claimant, shall be dated by the claimant and shall contain

(a) the name, address, telephone number and, if applicable, the facsimile number and electronic mail address of the claimant;
(b) the name, address, telephone number and, if applicable, the facsimile number and electronic mail address of an individual who can be contacted in respect of the claim, if the information is different from that required under paragraph (a);
(c) a statement identifying the claim as either an original claim or a refiled claim;
(d) a statement indicating whether the claimant is a supplier or an employer;

(e) if the claim is made by a supplier, a statement identifying the subject matter of the information for which the claim is made as being one or more of the following:

(i) in the case of a material or substance that is a hazardous product,

(A) the chemical name of the material or substance,
(B) the CAS registry number, or any other unique identifier, of the material or substance, or
(C) the chemical name of any impurity, stabilizing solvent or stabilizing additive in the material or substance that is known to the supplier, that, in accordance with the provisions of the Hazardous Products Act, is classified in a category or subcategory of a health hazard class and that contributes to the classification, in accordance with those provisions, of the material or substance in the health hazard class,

(ii) in the case of an ingredient in a mixture that is a hazardous product,

(A) the chemical name of the ingredient,
(B) the CAS registry number, or any other unique identifier, of the ingredient, or
(C) the concentration or concentration range of the ingredient, and

(iii) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;

(f) if the claim is made by an employer, a statement identifying the subject matter of the information for which the claim is made as being one or more of the following:

(i) in the case of a material or substance that is a hazardous product,

(A) the chemical name of the material or substance,
(B) the CAS registry number, or any other unique identifier, of the material or substance, or
(C) the chemical name of any impurity, stabilizing solvent or stabilizing additive in the material or substance that is known to the employer, that, in accordance with the provisions of the Hazardous Products Act, is classified in a category or subcategory of a health hazard class and that contributes to the classification, in accordance with those provisions, of the material or substance in the health hazard class,

(ii) in the case of an ingredient in a mixture that is a hazardous product,

(A) the chemical name of the ingredient,
(B) the CAS registry number, or any other unique identifier, of the ingredient, or
(C) the concentration or concentration range of the ingredient,

(iii) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture,
(iv) the product identifier of a hazardous product,
(v) information in respect of a hazardous product, other than the product identifier, that constitutes a means of identification, and
(vi) information that could be used to identify a supplier of a hazardous product; and

(g) the following in respect of the hazardous product that is the subject of the claim:

(i) its product identifier,
(ii) if the claim is a refiled claim, the registry number of the preceding claim filed in respect of that hazardous product,
(iii) if the claim relates to a material or substance, or an ingredient, an impurity, a stabilizing additive or a stabilizing solvent of the hazardous product, the generic chemical name of the material, substance, ingredient, impurity, stabilizing additive or stabilizing solvent, and
(iv) the chemical name and, if any, the CAS registry number and any other unique identifier of all materials, substances, ingredients, impurities, stabilizing additives and stabilizing solvents in the hazardous product and their concentrations.

(2) A claim for exemption submitted under subsection (1) shall not contain any false or misleading information.

SOR/88-510, s. 1;
SOR/91-419, s. 7;
SOR/93-234, s. 2;
SOR/2002-235, s. 4;
SOR/2008-261, s. 2;
SOR/2015-17, s. 11.

Previous Version

Information Substantiating a Claim for Exemption

8.1 The following information is required, at the request of a screening officer under subsection 13(1.1) of the Act, for the purpose of substantiating a claim for exemption from the disclosure of information :

(a) the number of employees, officers or directors of the claimant who have knowledge of or access to the information;
(b) whether, to the knowledge of the claimant, any persons inside or outside Canada other than persons referred to in paragraph (a) have knowledge of or access to the information and, if so and the number is known to the claimant, the number of those persons;
(c) the details of the measures implemented by the claimant in order to restrict knowledge of or access to the information, including the measures relating to site security, document security and computer security that have been implemented for that purpose;
(d) whether or not each person who, to the knowledge of the claimant, has knowledge of or access to the information has signed a confidentiality agreement in respect of that information;
(e) a statement indicating the amount of money spent or other business resources used to develop the information, if the claimant considers that amount or those resources to be substantial in the circumstances, and why the claimant considers that amount or those resources to be substantial in the circumstances; and

(f) either

(i) the estimated value of the material financial loss to the claimant that would result if the information for which the claim for exemption is made were disclosed, including the method of calculation used to determine that value, and an explanation of why the claimant considers that the financial loss would be material, or
(ii) the estimated value of the material financial gain to the claimant’s competitors that would result if the information for which the claim for exemption is made were disclosed, including the method of calculation used to determine that value, and an explanation of why the claimant considers that the financial gain would be material.

SOR/2008-261, s. 2;
SOR/2015-18, s. 3(F).

Previous Version

Filing a Claim

9 A claim for exemption shall be filed

(a) by sending it by registered mail to the office responsible for the administration of the Act;
(b) in person by the claimant or the claimant’s agent by delivering it to the office responsible for the administration of the Act; or
(c) by transmitting it by any electronic means, including facsimile or electronic mail, to the office responsible for the administration of the Act, if it has the necessary facilities for accepting the secure transmission of the claim by that means.

SOR/88-510, s. 1;
SOR/91-419, s. 8;
SOR/93-234, s. 2(F);
SOR/2002-235, s. 5;
SOR/2008-261, s. 3;
SOR/2015-18, s. 4.

Previous Version

Assigning Registry Numbers

10 A screening officer shall assign a registry number or have a registry number assigned to a claim for exemption as soon as practicable after receiving

(a) a claim for exemption that is in accordance with section 8;
(b) the safety data sheet or label to which the claim for exemption relates; and
(c) the required fee.

SOR/88-510, s. 1;
SOR/91-419, s. 9;
SOR/2002-235, s. 6;
SOR/2015-17, s. 12.

Previous Version

Date of Filing

11 A screening officer shall mark each claim for exemption or have each claim for exemption marked with a date of filing that is the same as the date on which a registry number is assigned to the claim pursuant to section 10.
SOR/88-510, s. 1.

Representations by Affected Parties

11.1 (1) Where an affected party makes written representations in respect of a claim for exemption, the screening officer shall provide to the claimant a copy of the representations.
(2) Where an affected party referred to in subsection (1) is an employee of the claimant and requests for reasons of economic or personal security that his identity not be disclosed, the screening officer shall not disclose the identity of the affected party to the claimant.

SOR/89-288, s. 2;
SOR/2015-18, s. 5(F).

Previous Version

Notices of Decisions and Orders of Screening Officers

11.2 Every notice published under subsection 18(1) of the Act in respect of a decision, order or undertaking shall contain the following information:

(a) the name of the claimant;
(b) the product identifier of the hazardous product that is the subject of the claim for exemption;
(c) the registry number assigned to the claim for exemption;
(d) the date of the decision, the order or the notice referred to in subsection 16.1(3) of the Act confirming compliance with the undertaking;
(e) sufficient information to indicate the purport of and the reasons for the decision, order or undertaking; and
(f) the period within which the decision, order or undertaking may be appealed.

SOR/89-288, s. 2;
SOR/2008-261, s. 4;
SOR/2015-17, s. 13.

Previous Version

Fee for Appeals

12 (1) Subject to subsection (2), the fee required under subsection 20(2) of the Act to accompany a statement of appeal is $2,000.

(2) The fee required under subsection 20(2) of the Act to accompany a statement of appeal is one half of the fee required by subsection (1) where the statement of appeal is filed by

(a) an affected party who is an individual employee and who is not

(i) a member of a bargaining unit, or
(ii) employed at a work place for which a trade union has been certified or recognized;

(b) an affected party who is a member, official or representative of a trade union that

(i) is a non-affiliated trade union, and
(ii) does not have more than 100 members; or

(c) a claimant that

(i) had a gross annual revenue of not more than three million dollars in the claimant’s fiscal year immediately preceding the fiscal year in which the statement of appeal is filed, and
(ii) does not employ more than 100 employees.

SOR/88-510, s. 1;
SOR/91-419, s. 10.

SCHEDULES I TO IV
[Repealed, SOR/2002-235, s. 7]